H_JUD_2017A 03/30/2017 01:30 PM Committee Summary
Final
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
| Date: | 03/30/2017 |
ATTENDANCE
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| Time: | 02:40 PM to 04:40 PM |
Benavidez
|
X
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|
Carver
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X
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| Place: | HCR 0112 |
Foote
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X
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|
Herod
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X
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||
| This Meeting was called to order by |
Lundeen
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*
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| Representative Lee |
Melton
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X
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|
Weissman
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X
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| This Report was prepared by |
Willett
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X
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| Bo Pogue |
Wist
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X
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|
Salazar
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X
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|
Lee
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X
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||
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| SB17-115 SB17-189 HB17-1245 HB17-1241 HB17-1244 HB17-1239 HB17-1240 HB17-1243 HB17-1238 |
Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole |
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02:40 PM -- SB17-115
The committee was called to order. A quorum was present. Representatives Foote and Willett, prime sponsors, presented Senate Bill 17-115, concerning an expansion of the exception to the crime of possession of sexually exploitative material for persons involved in sexually exploitative materials cases. Committee members received two fact sheets supporting the legislation (Attachments A and B). Both representatives provided background on the issues addressed by the legislation, and discussed its need. Representative Foote responded to questions regarding how sexually exploitative materials are handled by law enforcement information technology professionals. The following persons testified on SB 17-115:
17HouseJud0330AttachA.pdf 17HouseJud0330AttachB.pdf
02:46 PM -- Mr. Mike Rankin, representing the Department of Public Safety, testified in support of the bill. Mr. Rankin discussed the difficulties inherent to tracking sexually exploitative materials. Mr. Rankin addressed questions raised during earlier testimony.
02:48 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman responded to questions regarding safeguards against peace officers further disseminating sexually exploitative materials, and the peace officer status of those who perform information technology services with respect to sexually exploitative materials.
02:54 PM -- Mr. Tim Lane, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Lane addressed issues raised during earlier discussion, including the process by which sexually exploitative materials are handled by law enforcement.
03:01 PM
Representative Foote explained the effect of amendment L.001 (Attachment C). Discussion ensued regarding the appropriateness of the amendment.
17HouseJud0330AttachC.pdf
| BILL: | SB17-115 | |
| TIME: | 03:04:00 PM | |
| MOVED: | Foote | |
| MOTION: | Adopt amendment L.001 (Attachment C). The motion passed without objection. | |
| SECONDED: | Willett | |
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VOTE
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Benavidez
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Carver
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Foote
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Herod
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Lundeen
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Melton
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Weissman
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Willett
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Wist
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Salazar
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||
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Lee
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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03:04 PM
Representatives Willett and Foote provided closing remarks in support of SB 17-115.
| BILL: | SB17-115 | |
| TIME: | 03:04:51 PM | |
| MOVED: | Willett | |
| MOTION: | Refer Senate Bill 17-115, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | Foote | |
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VOTE
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|
Benavidez
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Yes
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|
|
Carver
|
Yes
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|
|
Foote
|
Yes
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|
|
Herod
|
Yes
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|
|
Lundeen
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Yes
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|
|
Melton
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Yes
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|
|
Weissman
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Yes
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|
Willett
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Yes
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|
|
Wist
|
Yes
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|
|
Salazar
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Yes
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|
|
Lee
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Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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03:05 PM -- SB17-189
Representative Foote, prime sponsor, presented Senate Bill 17-189, concerning elimination of the requirement that a law enforcement agency is the only entity authorized to take fingerprints for purposes of a background check. Representative Foote explained the need for the legislation. The following persons testified regarding SB 17-189:
03:08 PM -- Mr. Chris Andrist and Ms. Teresa Mucha, representing the Department of Public Safety, testified in support of the bill. Mr. Andrist discussed some technical and practical considerations about the fingerprint process. Ms. Mucha responded to questions regarding the process by which third-party vendors contract with the department for fingerprinting, and security considerations for this process.
03:20 PM
Discussion continued regarding the third-party contracting process for fingerprinting, and the transmission of information associated with the process. Discussion ensued regarding how applicants for certain state services navigate the fingerprint background check process.
03:31 PM -- Mr. Chris Johnson, representing the County Sheriffs of Colorado, addressed questions about the fingerprinting process for concealed carry permits raised during earlier testimony. The discussion turned to other questions raised during earlier testimony, including questions about security in the fingerprinting process.
03:35 PM -- Mr. David Bradley, representing Denver Fingerprinting, testified in support of the bill. Mr. Bradley responded to questions regarding proof of compliance with certain programs and regulations that must be secured by fingerprint vendors.
03:40 PM -- Ms. Kris Geraths, representing Background Information Services, testified in support of the bill. Ms. Geraths discussed the benefits of a forthcoming amendment.
03:42 PM
Representative Foote explained the effect of amendment L.005 (Attachment D).
17HouseJud0330AttachD.pdf
| BILL: | SB17-189 | |
| TIME: | 03:44:17 PM | |
| MOVED: | Foote | |
| MOTION: | Adopt amendment L.005 (Attachment D). The motion passed without objection. | |
| SECONDED: | Salazar | |
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VOTE
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Benavidez
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Carver
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Foote
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Herod
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Lundeen
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Melton
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Weissman
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Willett
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||
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Wist
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Salazar
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Lee
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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03:45 PM
Representative Foote explained the effect of amendment L.007 (Attachment E). Discussion ensued regarding the merits of the amendment.
17HouseJud0330AttachE.pdf
| BILL: | SB17-189 | |
| TIME: | 03:45:24 PM | |
| MOVED: | Foote | |
| MOTION: | Adopt amendment L.007 (Attachment E). The motion passed without objection. | |
| SECONDED: | Salazar | |
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VOTE
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Benavidez
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Carver
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Foote
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|
Herod
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Lundeen
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Melton
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Weissman
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Willett
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Wist
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Salazar
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Lee
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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03:48 PM
Discussion ensued regarding the merits of SB 17-189.
03:55 PM
The committee recessed.
04:19 PM
The committee returned to order. Representative Foote explained the effect of amendment L.008 (Attachment F).
17HouseJud0330AttachF.pdf
| BILL: | SB17-189 | |
| TIME: | 04:20:34 PM | |
| MOVED: | Foote | |
| MOTION: | Adopt amendment L.008 (Attachment F). The motion passed without objection. | |
| SECONDED: | Salazar | |
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VOTE
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Benavidez
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||
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Carver
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|
Foote
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Herod
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Lundeen
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||
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Melton
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Weissman
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Willett
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||
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Wist
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Salazar
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Lee
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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04:21 PM
| BILL: | SB17-189 | |
| TIME: | 04:21:59 PM | |
| MOVED: | Foote | |
| MOTION: | Refer Senate Bill 17-189, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | Salazar | |
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VOTE
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|
Benavidez
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Yes
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Carver
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Yes
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Foote
|
Yes
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Herod
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Yes
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Lundeen
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Yes
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Melton
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Yes
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Weissman
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Yes
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Willett
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Yes
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Wist
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Yes
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Salazar
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Yes
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Lee
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Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:22 PM -- HB17-1245
Representative Foote, prime sponsor, presented House Bill 17-1245, concerning the nonsubstantive relocation of the laws related to public establishments from Title 12, Colorado Revised Statutes, as part of the organizational recodification of title 12. Representative Foote provided background on the reorganization of Title 12, C.R.S. No one testified on the bill, and no amendments were offered.
| BILL: | HB17-1245 | |
| TIME: | 04:24:45 PM | |
| MOVED: | Foote | |
| MOTION: | Refer House Bill 17-1245 to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | Salazar | |
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VOTE
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|
Benavidez
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Yes
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Carver
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Yes
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|
Foote
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Yes
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Herod
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Yes
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Lundeen
|
Yes
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|
Melton
|
Yes
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|
Weissman
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Yes
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|
Willett
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Yes
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|
Wist
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Yes
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|
Salazar
|
Yes
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|
|
Lee
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Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:25 PM -- HB17-1241
Representative Herod, prime sponsor, presented House Bill 17-1241, concerning the nonsubstantive relocation of laws related to Indian Arts & Crafts sales from Title 12, Colorado Revised Statutes, as part of the organizational recodification of Title 12. No one testified on the bill, and no amendments were offered.
| BILL: | HB17-1241 | |
| TIME: | 04:26:38 PM | |
| MOVED: | Herod | |
| MOTION: | Refer House Bill 17-1241 to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | Salazar | |
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VOTE
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|
Benavidez
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Yes
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|
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Carver
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Yes
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|
|
Foote
|
Yes
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|
Herod
|
Yes
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Lundeen
|
Yes
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|
Melton
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Yes
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|
Weissman
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Yes
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|
Willett
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Yes
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Wist
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Yes
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Salazar
|
Yes
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Lee
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Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:27 PM -- HB17-1244
Representative Herod, prime sponsor, presented House Bill 17-1244, concerning the nonsubstantive relocation of the laws related to cemeteries from Title 12, Colorado Revised Statutes, as part of the organizational recodification of Title 12. No one testified on the bill, and no amendments were offered.
| BILL: | HB17-1244 | |
| TIME: | 04:28:20 PM | |
| MOVED: | Herod | |
| MOTION: | Refer House Bill 17-1244 to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | Salazar | |
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VOTE
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|
Benavidez
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Yes
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Carver
|
Yes
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|
|
Foote
|
Yes
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Herod
|
Yes
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Lundeen
|
Yes
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Melton
|
Yes
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|
Weissman
|
Yes
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Willett
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Yes
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Wist
|
Yes
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|
Salazar
|
Yes
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|
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Lee
|
Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:29 PM -- HB17-1239
Representative Wist, prime sponsor, presented House bill 17-1239, concerning the nonsubstantive relocation of laws related to private occupational schools from Title 12, Colorado Revised Statutes, as part of the organizational recodification of Title 12. No one testified on the bill, and no amendments were offered.
| BILL: | HB17-1239 | |
| TIME: | 04:30:42 PM | |
| MOVED: | Wist | |
| MOTION: | Refer House Bill 17-1239 to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | Salazar | |
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VOTE
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||
|
Benavidez
|
Yes
|
|
|
Carver
|
Yes
|
|
|
Foote
|
Yes
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|
Herod
|
Yes
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Lundeen
|
Yes
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Melton
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Yes
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|
Weissman
|
Yes
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|
Willett
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Yes
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|
Wist
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Yes
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|
Salazar
|
Yes
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Lee
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Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:31 PM -- HB17-1240
Representative Wist, prime sponsor, presented House Bill 17-1240, concerning the nonsubstantive relocation of the laws related to the Department of Public Health and Environment from Title 12, Colorado Revised Statutes, as part of the organizational recodification of Title 12. No one testified on the bill, and no amendments were offered.
| BILL: | HB17-1240 | |
| TIME: | 04:32:58 PM | |
| MOVED: | Wist | |
| MOTION: | Refer House Bill 17-1240 to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | Herod | |
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VOTE
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|
Benavidez
|
Yes
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|
|
Carver
|
Yes
|
|
|
Foote
|
Yes
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|
Herod
|
Yes
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|
|
Lundeen
|
Yes
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|
Melton
|
Yes
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|
Weissman
|
Yes
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|
Willett
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Yes
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|
|
Wist
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Yes
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|
Salazar
|
Yes
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|
|
Lee
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Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:33 PM -- HB17-1243
Representative Willett presented House Bill 17-1243, concerning the nonsubstantive relocation of the laws related to wholesale sales representatives from Title 12, Colorado Revised Statutes, as part of the organizational recodification of Title 12. Representative Willett explained the effect of amendment L.002 (Attachment G). No one testified on the bill.
17HouseJud0330AttachG.pdf
| BILL: | HB17-1243 | |
| TIME: | 04:37:13 PM | |
| MOVED: | Willett | |
| MOTION: | Adopt amendment L.002 (Attachment G). The motion passed without objection. | |
| SECONDED: | Herod | |
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VOTE
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|
Benavidez
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|
Carver
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|
Foote
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|
Herod
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Lundeen
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Melton
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Weissman
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|
Willett
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Wist
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Salazar
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Lee
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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04:37 PM
| BILL: | HB17-1243 | |
| TIME: | 04:38:06 PM | |
| MOVED: | Willett | |
| MOTION: | Refer House Bill 17-1243, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | Melton | |
|
VOTE
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||
|
Benavidez
|
Yes
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|
|
Carver
|
Yes
|
|
|
Foote
|
Yes
|
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|
Herod
|
Yes
|
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|
Lundeen
|
Yes
|
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|
Melton
|
Yes
|
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|
Weissman
|
Yes
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|
|
Willett
|
Yes
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|
|
Wist
|
Yes
|
|
|
Salazar
|
Yes
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|
|
Lee
|
Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:39 PM -- HB17-1238
Representative Lee, prime sponsor, presented House Bill 17-1238, concerning the nonsubstantive relocation of laws related to debt management and collection services from Title 12, Colorado Revised Statutes, as part of the organizational recodification of Title 12. No witnesses testified on the bill, nor were any amendments offered.
| BILL: | HB17-1238 | |
| TIME: | 04:40:04 PM | |
| MOVED: | Lee | |
| MOTION: | Refer House Bill 17-1238 to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | Herod | |
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VOTE
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|
Benavidez
|
Yes
|
|
|
Carver
|
Yes
|
|
|
Foote
|
Yes
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|
Herod
|
Yes
|
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Lundeen
|
Yes
|
|
|
Melton
|
Yes
|
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|
Weissman
|
Yes
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|
|
Willett
|
Yes
|
|
|
Wist
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Lee
|
Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:40 PM
The committee adjourned.